Alima Bibi@Aalima Abed v. Andaman And Nicobar Administration
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR *** WPA/769/2023 IA No.CAN/1/2023, CAN/2/2023 Aleema Bibi @ Aalima Abed Vs.
Andaman and Nicobar Administration Mr. Rajinder Singh Mr. Tapan Kumar Das ... for the petitioner Mr. V.D.Sivabalan ... for the respondent nos.1,2,3,6,7,8 Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondent nos.4&5 Mr. KMB Jayapal ... for the respondent no.9 August 24, 2023 [SR] Item No.20 By an order dated 17th August, 2023, the Port Blair Municipal Council was directed to cause a spot inspection upon giving notice to all the parties.
Learned advocate representing the Municipal Council submits, upon instructions, that the spot inspection was conducted, however, notice could not be served upon all the parties. Prayer has been made seeking permission for conducting fresh spot inspection upon notice to all the parties.
In view of the aforesaid submission made on behalf of the Council, the concerned Engineer is directed to cause fresh spot inspection upon giving prior notice to all the necessary parties within a fortnight from date. Copy of the spot inspection report shall be forwarded to all the parties. Thereafter an opportunity of hearing shall be given to all the parties and in the event, it appears that any
unauthorized construction has been carried out, necessary steps to deal with such unauthorized construction shall be taken by the Port Blair Municipal Council in accordance with law.
The final order shall be passed in the matter at the earliest but positively within a period of eight weeks from the date of communication of this order.
The Port Blair Municipal Council is directed to ensure that no unauthorized construction takes place at the subject premises.
The writ petition and the connected applications stands disposed of.
Leave is granted to the petitioner to take out appropriate proceeding seeking set back of the property in terms of Rule 165(1)(a) of the Andaman and Nicobar Land Revenue and Land Reforms Regulation, 1966. The issue of set back is not decided by this Court at all. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J. )